Commonwealth v. Friebertshauser
Commonwealth v. Friebertshauser
Opinion of the Court
Opinion by
Edward D.' Friebertshauser, treasurer of Allegheny County, appeals from an order sustaining a demurrer by the relator to a return of an alternative writ of mandamus, and entering judgment against defendant directing him to pay over to the school district of West Homestead a sum of money in his hands representing tax on dogs collected during the year 1917, as required by the Act of April 23,1901, P. L. 92, amending Section 9 of the Act of May 25, 1893, P. L. 136.
The Act of 1893, relating to the taxation of dogs and _ the protection of sheep, provided in section 9 that funds collected in excess of $200 should be paid into the county or city fund to be used for county or city purposes.. By the Act of 1901 taxés of this description were
The title of the Act of 1917 is “An act relating to dogs, and the protection of livestock and poultry and damage by dogs; providing for the licensing of dogs; regulating the keeping of dogs, and authorizing their destruction in certain cases; providing for the protection of licensed dogs, and dogs temporarily imported for trial, show and breeding purposes; prescribing certain privileges for hunting dogs, and dogs owned or used by the Board of Game Commissioners; providing for the assessment of
It is, however, earnestly argued that notice in the title is required of the intention of the legislature to make a different disposition of funds previously collected under existing laws and on hand at the time of the passage of the act. Counsel for the school district concedes the legislature’s authority to repeal existing laws and divert to other purposes funds previously appropriated to school districts, but contends it is without power to change the course of procedure under the old laws so as to affect taxes already collected without giving notice of such intention in the title. As indicated above the Act of 1917, is a general act complete in itself and intended to create a new system for taxation or licensing of dogs, not merely to amend existing laws. In such case the repeal of previous acts on the same general subject is always germane to the title: Com. v. Moir, 199 Pa. 534; and, in fact, the later statute so operates without express
The judgment of the court below is reversed.
Reference
- Full Case Name
- Commonwealth ex rel. v. Friebertshauser
- Cited By
- 3 cases
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- Published
- Syllabus
- Constitutional law — Statutes—Sufficiency of title — Act of July 11,1917, P. L. 818 — Disposition of dog taxes — Collection under existing lams — Repeal of statutes. The title of tbe Act of July 11,1917, P. L. 818, being sufficiently comprehensive to give notice of the intent to deal with the entire subject of taxing or licensing of dogs, the disposition of the taxes imposed, being one of the incidents to its enforcement, required no express mention in the title of the act, although the act made a different disposition of dog taxes, previously collected under existing laws and on hand at the time of its passage, by directing that the money be paid to the general county fund instead of the school district fund. A general .act complete in itself and intended to create a new system, need not contain in its title notice of intention to repeal earlier laws on the same subject.